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2023 Supreme(Mad) 2846
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P. VELMURUGAN, J.
M. Subramaniam & Others – Appellants
Versus
M/s. Ponni Charitable Trust, Rep. by its. President R. Ramamoorthy, Tirupur & Others – Respondents
C.M.A. Nos. 4764, 4769 & 4770 of 2019 & CMP Nos. 27465, 27470, 27456, 27484 of 2019 CMP Nos. 16419, 16421, 16429 of 2023
Decided On : 19-09-2023
For the Appellants:R. Singaravelan, Senior Advocate, B. Nedunchezhiyan For the Respondents:M. J. Mohan, Senior Advocate. S. Ravindran, Senior Advocate. D. Raghu, Dr. M. Bhuvaneswaran, G. Mutharasu & D. Gopal, S. Saisathiyajith, K. Kathiresan, C. Iyyapparaj, Advocates, S. Ravindran, Senior Advocate.
The trial court should proceed with the trial of the suit for bare injunction and complete it by a specified date. The trial court should vacate the interim injunction if the respondents/plaintiffs fail to complete their evidence by a specified date. The trial court should not entertain any other petitions in the case.
Headnote:
Civil Procedure Code - Order 43 Rule 1 (R) - The appeals were filed under this provision to set aside the interim injunctions granted by the trial court. The court considered the arguments of the parties and disposed of the appeals with directions for the trial court to proceed with the trial and complete it by a specified date. The court also set deadlines for the completion of evidence and instructed the trial court not to entertain any other petitions in the case.
Fact of the Case:
The appellants, who are defendants in a suit for bare injunction, filed three civil miscellaneous appeals against the interim injunctions granted by the trial court. The appellants argued that their period as trustees had ended, while the respondents/plaintiffs claimed to be permanent trustees. The suit has been pending since 2019 and is ready for trial. The appeals were disposed of with directions for the trial court to commence the trial and complete it by a specified date. The trial court was also directed to vacate the injunction if the respondents/plaintiffs failed to complete their evidence by a specified date. The trial court was further instructed not to entertain any other petitions in the case. The appeals were disposed of and certain miscellaneous petitions were dismissed as withdrawn. No costs were awarded.
Finding of the Court:
The court considered the arguments of the appellants and respondents/plaintiffs regarding their status as trustees and the pending suit for bare injunction. The court found that the suit was ready for trial and that the interim injunctions were granted without referring to any documents. The court disposed of the appeals with directions for the trial court to proceed with the trial and complete it by a specified date. The court also set a deadline for the completion of evidence by the parties and instructed the trial court to vacate the injunction if the respondents/plaintiffs failed to meet the deadline. The court further directed the trial court not to entertain any other petitions in the case. The appeals were disposed of and certain miscellaneous petitions were dismissed as withdrawn.
Ratio Decidendi: The court held that the trial court should proceed with the trial of the suit for bare injunction and complete it by a specified date. The court also directed the trial court to vacate the interim injunction if the respondents/plaintiffs failed to complete their evidence by a specified date. The court further instructed the trial court not to entertain any other petitions in the case.
Result: The appeals were disposed of with directions for the trial court to commence the trial, set deadlines for the completion of evidence, and dispose of the suit by a specified date. The trial court was also instructed to vacate the interim injunction if the respondents/plaintiffs failed to meet the deadline. Certain miscellaneous petitions were dismissed as withdrawn. No costs were awarded.
JUDGMENT
(Prayer: This Civil Miscellaneous Appeal if filed under Order 43 Rule 1 (R) of Civil Procedure Code, to set aside the order and decretal order dated 06.09.2019 in I.A.No.512 of 2019 in O.S.No.300 of 2019 on the file of the Principal District Judge, Tiruppur.
This Civil Miscellaneous Appeals is filed under Order 43 Rule 1 (R) of Civil Procedure Code, to set aside the order and decretal order dated 06.09.2019 in I.A.No.511 of 2019 in O.S.No.300 of 2019 on the file of the Principal District Judge, Tiruppur.
This Civil Miscellaneous Appeal is filed under Order 43 Rule 1 (R) of Civil Procedure Code, to set aside the order and decretal order dated 06.09.2019 in I.A.No.513 of 2019 in O.S.No.300 of 2019 on the file of the Principal District Judge, Tiruppur.)
Common Judgment
1. The above Civil Miscellaneous Appeals are filed against the interims orders dated 06.09.2023 passed in I.A.Nos.511, 512 and 513 2019 in O.S.No.300 of 2019 by the learned Principal District Judge, Tiruppur.
2. The appellants are defendants 1 to 7 in the above suit. The plaintiffs, who are the respective respondents herein have filed a suit for bare injunction and they have also filed three interlocutory applications seeking interim injunctions. The learned Principal District Judge, Tiruppur, after enquiry, by orders dated 06.09.2019 allowed all the applications, against which, the defendants 1 to 7 have filed the above three civil miscellaneous appeals.
3. It is submitted by the learned Senior counsel appearing for the appellants that they are holding officer of the trust only for limited period and that period is over.
4. It is represented by the learned Senior Counsel for the respective respondents/plaintiffs that the respondents/plaintiffs are permanent trustees and hence the election and subsequent election all these things are nothing to do with the right of permanent trustees.
5. It is represented that the original suit in O.S.No.300 of 2019 is pending from the year 2019, pleadings are completed, issues also framed and it is ripe for trial. However, there was another suit filed challenging subsequent election also.
6. In view of the above facts and since suit is pending from the year 2019 and the impugned orders are only interim injunctions granted by the trial Court, without referring any of the documents, these Civil Miscellaneous Appeals are disposed of on the following terms:
1. The trial Court is directed to commence the trial on 21.09.2023
2. The respondents/plaintiffs are directed to file their proof affidavit on or before 21.09.2023 after serving the same on the defendants and on filing such proof affidavits by the plaintiffs, appellants/defendants are directed to cross examine the witnesses on the same day and at any cost the cross examination shall not beyond 22.09.2023.
3. The plaintiffs are directed to complete their evidence on or before 29.09.2023 and thereafter, the appellants/defendants are directed to complete the evidence on or before 10.10.2023.
4. Thereafter the trial Court is directed to dispose of the suit on or before 18.10.2023 and file report before this Court on 20.10.2023.
5. In case the respondents/plaintiffs are failed to complete the evidence on or before 29.09.2023, the injunction granted by the trial Court shall stand vacated automatically without any further reference.
6. Since it is suit for bare injunction, the trial Court shall not entertain any other petitions
7. In case, there is no Judge in the Court concerned, the Proceeding Officer who is in-charge of the Court, is directed to take care of this case and to comply with the order of this Court without fail.
8. There shall be an order of status-quo till 29.09.2023.
7. In view of the disposal of the appeals and in view of the endorsement made by the learned counsel for the petitioner, the impleading petitions in CMP Nos.16419, 16421, 16429 of 2023 are dismissed as withdr
